Staff ReportPREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Assistant Town Manager Town Attorney Finance
N:\SHARE\COUNCIL REPORTS\2016\09-27-16\N40 Specific Plan Modifications\Staff Report FINAL.doc Revised: 9/21/2016 4:28:46 PM
MEETING DATE: 09/27/16
ITEM NO: 1
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 22, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS POTENTIAL AMENDMENTS TO THE NORTH 40 SPECIFIC
PLAN.
RECOMMENDATION:
Discuss potential amendments to the North 40 Specific Plan.
BACKGROUND:
On June 17, 2015, the Town Council adopted the North 40 Specific Plan. An Environmental Impact
Report (EIR) was prepared and certified for the Specific Plan in compliance with the California
Environmental Quality Act (CEQA).
On September 1, 2016, the Town Council voted (3 -2, Jensen and Rennie opposed) to deny the
proposed Architecture and Site and Vesting Tentative Map applications (also known as the Phase 1
applications) based upon the following motion and findings:
1. Concurrence with the residential components of the Planning Commission's recommendation
to the Town Council to deny the application. Specifically,
a. The project does not address the unmet needs for senior housing as noted in Section 2.4 and
Appendix C of the Specific Plan.
b. The units should be smaller, typical of the examples cited on page 6 of the Planning
Commission Report for its July 12, 2016 meeting.
c. The project does not comply with Section 3. 1 Architectural and Site Character Goals and
Policies, Policy DG6 Architecture to "produce high quality authentic design" particularly
for buildings 24 and 25.
d. The Specific Plan envisions lower intensity residential uses in the Lark District.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN AMENDMENTS
SEPTEMBER 22, 2016
BACKGROUND (Continued):
2. The project has significant issues with the layout of the residential units and if there was an
opportunity to spread the units throughout the North 40 area, the project would have a better
comprehensive site plan. For example, residential buildings 18 through 27 shown on Building
Key Plan Sheet 1. 0, surrounded by South A Street, Los Gatos Boulevard, and Lark Avenue,
are an anomaly due to the existing commercial property on Los Gatos Boulevard.
3. The project is not consistent with site access on North 40 Specific Plan page 4 -2 and
Commercial Design Guidelines on page 3 -2 guide the site plan development.
4. The ability to spread residential units throughout the North 40 would provide a better design.
270 units were allocated in the Housing Element for all 40 acres of the North 40. 13. 5 acres
were not designated to the southern Lark District, Transition District, or Northern District. This
provides discretion to the deciding body and is how land use decisions work in Los Gatos.
When there is ambiguity, the deciding body makes the determinations based on look and feel,
site layout, scale, mass, and neighborhood harmony. The Council should not be looking at this
project any differently.
5. With the intention of applying the Specific Plan uniformly on all projects in the future, this
application disproportionately hurts the chances of a better site design in the future.
6. The project is not consistent with the Housing Element which planned for an income
distribution of 156 very low, 84 low, and 30 moderate income households for the North 40 site.
7. Reducing the size of the proposed units and locating the proposed units outside of the Los
Gatos School District boundaries are strategies for reducing the cost of the proposed units
thereby making the units more affordable and consistent with the Specific Plan and Housing
Element.
On September 6, 2016, the Council adopted a resolution determining that the proposed project was not
consistent with the following General Plan and North 40 Specific Plan Policies:
a. The proposed project overly concentrates all of the residential units that can be built pursuant
to the North 40 Specific Plan and the General Plan Housing Element on the southern portion of
the North 40 Specific Plan area and is therefore inconsistent with Specific Plan Section 2.5;
Standard 2.7.3; Policy 5.8.2; and the Residential Unit Size Mix and Table set forth on page 6 -
14. This negatively affects the site layout and disproportionately hurts the chances of better
site design in the future.
b. The proposed project is inconsistent with North 40 Specific Plan Section 2.3.1 and its
requirements for lower intensity residential uses in the Lark District.
c. The proposed project buildings 18 through 27 are inconsistent with North 40 Specific Plan
policy requirement that the Lark District consist of lower intensity residential development
with office, retail, personal services, and restaurants along Los Gatos Boulevard.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN AMENDMENTS
SEPTEMBER 22, 2016
BACKGROUND (Continued):
d. The proposed project buildings 24 and 25 are inconsistent with North 40 Specific Plan Section
4-2 as it eliminates “a fourth access point off of Los Gatos Boulevard closer to the Lark
Avenue intersection;” are inconsistent with North 40 Specific Plan page 3-1, Section 3.1
Architectural and Site Character Goals and Policies, Policy DG5 Residential Siting that
requires residential development to be located to minimize traffic, noise, and air quality
impacts; and are inconsistent with the Commercial Design Guidelines beginning on page 3-2
which guide site plan development.
e. The proposed project is inconsistent with North 40 Specific Plan Policy Section 2.4 and
Appendix C of the Specific Plan as it does not address the unmet housing needs for seniors and
“Gen Y.”
f. The proposed project is inconsistent the Residential Unit Size Mix and Table set forth on page
6-14 of the Specific Plan and the Residential Unit Size Mix should have smaller units to come
closer to the income distribution of affordable housing identified in the Town’s certified
General Plan Housing Element for 156 very low, 84 low, and 30 moderate income units.
g. The proposed project, specifically buildings 18 through 27, would result in an anomaly of
residential uses within an existing commercial land use context.
h. The only promised Below Market Rate housing is the 49 units above Market Hall and the
remainder have home values estimated at $900,000 to $1,500,000 requiring a 20 percent down
payment and income of approximately $130,000 to $200,000 per year.
DISCUSSION:
Following the Town Council’s denial of the Phase 1 applications, the Mayor requested that a special
Town Council meeting be set to identify potential amendments to the adopted Specific Plan. This
meeting provides an opportunity for the public and the Town Council to identify specific
amendments that would then be considered during public hearings before the Planning Commission
and Town Council. The purpose of this meeting is to consider potential amendments to ensure that
the future development meets the intended outcomes of a refined Specific Plan.
This opportunity to identify potential amendments is not intended to be a rewrite of the entire
Specific Plan. Any proposed amendments should be specific and require no additional
environmental analysis or amendments to the Housing Element. For example, the following would
be considered appropriate specific amendments:
An amendment to require a minimum number of dwelling units for the Lark, Transition, and
Northern Districts to achieve housing across the entire North 40 area; and
Modifications to the Table 2-1 (Permitted Land Uses).
On the other hand, the following amendments would not be appropriate under the parameters
mentioned above:
A reduction of the total number of dwelling units; and
A reduction in the density for the Specific Plan area.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN AMENDMENTS
SEPTEMBER 22, 2016
DISCUSSION (Continued):
At the meeting, staff will inform the Town Council of any proposed amendments that may require
additional environmental analysis; however, this is unlikely given that the certified EIR analyzed
more commercial square footage and more housing units than allowed in the final adopted Specific
Plan. Similarly, staff will guide the Council with respect to potential amendments that may affect
the certified Housing Element.
The Council is not expected to identify “redline” language at the meeting. Instead, the proposed
amendments should be clear enough so the staff can later create a redline document of the identified
changes.
SPECIFIC PLAN AMENDMENT PROCESS:
As proposed by the Mayor and consistent with the Town Code, the Specific Plan Amendment
process would include the following steps:
On September 27, the Town Council will receive testimony from the public and identify
amendments to the Specific Plan. This work is intended to be complete in a single meeting.
Subsequently, the General Plan Committee (GPC) will consider the Town Council’s
identified amendments to the Specific Plan and forward a recommendation to the Planning
Commission.
After the required public noticing, the Planning Commission will conduct a public hearing to
make its recommendations to the Town Council;
After the required public noticing, the Town Council will consider the GPC and Planning
Commission recommendations and take final action on amendments to the Specific Plan.
Please note that the GPC, Planning Commission, and Town Council meetings associated with
proposed amendments to the Specific Plan will be public meetings that allow for public input
throughout the amendment process.
CONCLUSION/NEXT STEPS:
Please note that if an application is submitted prior to amending the existing Specific Plan, the
application is subject to the requirements of the existing Specific Plan. If the Specific Plan is
amended, then applications following the amendment process would be subject to the amended
Specific Plan.
COORDINATION:
The Town Manager’s Office, Community Development Department, and the Town Attorney’s
Office.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN AMENDMENTS
SEPTEMBER 22, 2016
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA and it is not the intent that the amendments result in
further environmental analysis.
FISCAL IMPACT:
Costs associated with processing proposed amendments will be funded by the Town Manager’s
budget and include, but are not limited to the following:
Staff resources;
Public hearing noticing;
KCAT resources; and
Consultant resources to finalize approved amendments.
Attachment:
1. Comments received from the public
Proposed amendments to N40 Specific Plan
Please amend the North 40 Specific Plan to require these zoning changes and overlays:
1. Create "Scenic Corridor Overlay Zone" next to Highway 17
To enhance scenic quality of Los Gatos gateway, provide air flltratlon, buffer noise
levels, and preserve wildlife habitat-
Developer shall plant 300-foot large-tree corridor along North 40 property line
adjacent to Highway 17 and Lark Avenue freeway on-ramp. No buildings shall be
constructed in this protected overlay zone. Los Gatos Parks and Public Works
Department shall approve proposed list of native trees and shrubs,
2. No "black-lung lofts"
I moved to Los Gatos from Los Angeles, where condos crammed next to gas
stations, adjacent to freeway onramps, and on congested through-streets are
labeled "black-lung lofts." http://www.laweekiy.com/news/black-lung-lofts-2164048
The American Cancer Society, American Heart Association, American Lung
Association, and UCLA researchers advise children and seniors, in particular, to live
at least 500 feet (1 2/3s football fields) away from freeways, to reduce risk of
debilitating cancers, heart and lung diseases.
Due to well-documented health risks, California law requires all schools to be built at
least 500 feet from freeways.
All North 40 residential units shall be built at least 500 feet from Highway 17 and at
least 500 feet from the Lark Avenue freeway on-ramp, where idling vehicles create
the greatest risk of health problems from air-born small-particle pollutants.
3. Provide safe, accessible access to alternative transportation options
To improve traffic congestion, reduce single-occupancy vehicle trips, and encourage
ride sharing, car pools, shuttle buses, public and private buses, and use of current
and future transit alternatives:
Developer shall build dedicated public park-and-ride lots and adjacent bus-stop-
type pick-up/drop-off zones, with sheltered park benches, waiting areas, and bicycle
parking.
A detailed Transportation Demand Management Plan must be submitted and
approved, together with physical p!ans for the required pick-up/drop-off zones and
vehicle and bicycle parking, for every plan application and each phase of
construction.
ATTACHMENT 1
4 . Define "Open Space" per EPA guideline
Each phase of development shall include required open space. Both the Town of Los
Gatos and the Developers shall use the following definition of Open Space:
What is Open Space/Green Space?
Open space is any open piece of land that is undeveloped {has no buildings
or other built structures) and is accessible to the public. Open space can
include:
Green space (land that is partly or completely covered with grass, trees,
shrubs, or other vegetation). Green space includes parks, community
gardens, and cemeteries.
• Schoolyards
• Playgrounds
• Public seating areas
• Public plazas
• Vacant lots
Open space provides recreational areas tor residents and helps to enhance the
beauty and environmental quality of neighborhoods. But with this broad range
of recreational sites comes an equally broad range of environmental issues.
Just as in any other land uses, the way parks are managed can have good or
bad environmental impacts, from pesticide runoff, siltation from overused
hiking and logging trails, and destruction of habitat.
Lack of community and public access to safe open and green space is a critical
area of concern for urban residents.
-Environmental Protection Agency
Thank youl
Markene Smith
2
Thursday, September 22, 2016
Dear Joel,
I'm writing today to provide you with a list of suggestions for revising the current
Specific Plan.
Although I've dedicated every available moment to trying to identify the areas in the
Specific Plan that I believe require a revision, or at the very leat, a "revisitng'', I've only
recently learned of the September 22 deadline. Given the extremely short notice, I'm
assuming that I'll continue to be given the opportunity to make at least a few additional
suggestions moving forward, even though they might be submitted after September 22.
I intend to continue my review of the Specific Plan, and should be finished in the next
few days, however, if I'm mistaken, and I'm not going to be permitted to submit
additional suggestions, please do take a moment to let me know.
I've done my very best to keep my suggested revisions to a minimum, and have
reduced the number of suggestions as much as I possibly could. Hopefully, this won't
be an overwhelming number for you and your staff to address, but as I believe you'll
see, each of my suggestions, if adopted, will result in a much-improved development.
If you should have any questions or comments on anything I've written, or if I may be
of help to you in any way, please let me know.
As I've mentioned to you several times, thank you again for all of the time and effort
that you and your staff have put into this project. I'm extremely encouraged to know
that we are being permitted to work together as a community, to come up with a
deve lopment that our Town can truly be proud of.
We're almosl there, and I'm very grateful to you and our Town's leaders for working
with our community to make our collective vision a reality.
Thank you again Joel, and I look forward to talking with you again soon.
Sincerely,
~ 1'1tc-eomd4
Contact Info:
Cell: (408) 209-7045
Home: (408) 356-7045
HERE ARE EACH OF THE AREAS I WOULD LIKE TO ADDRESS:
1. REPLACEMENT OF THE WORD "SHOULD":
Many of the provisions in the current Specific Plan mention the word ''should",
rather than "will". As the Town has discovered during the past several months, this
word provides prospective developers with a considerable amount of leeway in
interpreting the true intention of the North 40 Specific Plan. The word ''will", on the
other hand, leaves little room for interpretation.
Having reviewed the Specific Plan page by page, I've identified each use of the word
"should", replacing it with the word "will" where appropriate.
For your reference, I've created a spreadsheet that will allow you and your staff to
quickly locate each of the "shoulds", along with my own comments as to why the
word should be replaced.
CONCLUSION: I would like to see a revision of the Specific Plan that replaces all, or
nearly all mentions of the word "should" with the word "will".
PLEASE NOTE: As mentioned my intention here, is to establish the need for
changing all, or nearly all "shoulds" to ''wills", and with your permission, I'd like to
meet and provide you with the list just just as soon as you can find the time. With
that in mind, please let me know when I might be able to come by your office, and
I'll be there. Thank you.
2. NO INFILL MEANS LESS BUILDING HEIGHT:
With the elevation of a good portion of the site being several feet below Los Gatos
Boulevard, rather than fill in this area, I would like to see all construction begin at the
current elevation, rather than adding and/or moving what will most certainly be
thousands, if not tens of thousands of cubic yards of soil.
This will allow for a lower net building height throughout the property, and as a
result, will enhance hillside views for those inside and outside the development.
In addition, building from current grade will significantly reduce the environmental
impact that might otherwise occur with all of the soil that would need to moved and/
or imported.
As a side note, I have not been able to determine why the first application called for
elevating the grade, and I certainly couldn't find anything that might benefit the
community as a result of such a decision.
In any case, it's clear that the benefits of building from grade far outweigh those that
might be obtained using the approach suggested in the first application.
CONCLUSION: I'm asking that a provision be inserted into the Specific Plan that
requires that any significant changes to grade, other than those required for limited
landscaping purposes, be prohibited.
3. UN D ERGROUND PARKIN G:
As we've seen in developments throughout the Bay Area, Underground Parking has
proven to be a critical and very necessary element to many of the more successful
projects throughout Santa Clara County, and must be a requirement for this project,
as well.
After receiving considerable input from the members of the community, it's clear that
adequate parking must be provided for health-care providers, friends, and family
members, especially for those visiting Senior residents.
Underground Parking will allow additional space for an appropriate number of
visitors, rather than the ''1/2 space" per resident, that the previous application
provided.
In order for this project to be considered a success, financially for the developer, and
aesthetically, and especially important, environmentally, vistors and rsidents must be
able to find a parking space quickly and efficiently.
Having an endless procession of cars circling throughout the development isn't good
for anyone, as I think we all know, only too well.
It's not good for the businesses, it's not good for the residents, not good for visitors or
care-givers, and it's most certainly not good for emergency service vehicles, who are
rushing to provide aid, and can't get around traffic trying to find that one parking
space that may or may not be available.
Finally, having an endless parade of cars circling the parking lot is not at all good for
the environment. If you've ever sat in a crowded parking lot with your windows
down, you know exactly what I'm referring to: Idling cars in a concentrated area for
an extended period of time, create an incredible amount of polution, and this very
important concern must be specifically addressed in the revised version of the
Specific Plan.
CONCLUSION: Parking space for visitors, Senior caregivers, and especially
emergency service vehicles will be increased dramatically by the addition of
Underground Parking.
ADDITIONAL NOTE: As you'll see in reading a bit further, an Underground
Parking requirement will provide some incredibly beneficial elements for residents
of this property, and in fact, for all residents of Los Gatos.
Given the current economic climate, I firmly b e lieve that there will be more than
enough profit for a prospective developer to cover the additional expense of
Underground Parking. If a developer knows that Underground Parking is a
requirement from the outset, he or she will simply build at least some of the cost of
this element into the selling prices of their homes.
While this may result in a modest increase in the selling prices of the homes in the
development, the many benefits that Underground Parking will provide, far
outweigh this consideration.
CONCLUSION: I'm asking that a provision requiring Underground Parking
throughout the development be added to the current North 40 Specific Plan.
4. REQUIRE LESS DENSITY THROUGHOUT SITE:
The Specific Plan must require in no uncertain terms, that residential buildin~s in the
development be spread out over the entire 44 acres, rather than being concentrated in
the Lark District, as the first developer had proposed.
To accomplish this, the Specific Plan must provide a formula that defines what
percentage of housing may be placed in each of the three districts.
EXAMPLE#l:
30% of all residential housing units in the 44 acre development may be built in the
Lark District, 30% in the Transition District, and 40% in the Northern District.
The total amount of houses/units in the development, (especially affordable
housing), could be greatly increased by reducing the height restrictions for
residential buildings in the Northern District, where the visual impact to the
community would be much less severe.
If the maximum allowable density for the entire project is 270 units for example, I
would ask that the Northern District be reserved, so that a minimum of ios units
would be built in this District, leaving the remaining housing units, 162 be dispersed
as follows: 81 housing units each in the Lark and Transition Districts.
Bcause the Lark District is a bit larger than the Transition, by definition, density in
the Lark District would be lessened considerably.
Because much of the required infrastructure is already in place on Los Gatos
Boulevard towards the northern end of the property, it is already in a much better
position to handle the increased traffic that higher-density residential housing will
bring. With the presence of Highway 85, which includes wider streets, more spacious
intersections, and wider and more properly configured on and off ramps, potential
traffic problems at the intersection of Lark Avenue and Los Gatos Boulevard will be
greatly reduced.
EXAMPLE # 2: An even split of 4.5 of the acres per district required for higher-density
housing, (20 units per acre), could also be required.
ADDITIONAL NOTE: While I realize that this suggestion may require changes to
the Housing Element and/or General Plan, if there were a way to accomplish this
without having to make any revisions to either document, I believe that this element
would prove very beneficial over the long-term for residents of the development, as
well as for residents of our community.
CONCLUSION: I'm asking that a provision be included in a revised version of the
Specific Plan, which would require that any future proposed development(s) adhere
to the formula above, (or at least, one very similar to this formula).
5. INCREASED OPEN SPACE:
More true Open Space, including an increased number of "pocket parks" of a
significantly larger size than were proposed in the first application, will improve the
quality of life for residents of the development, and in fact, for all members of our
community, especially Seniors.
By "true" Open Space, I'm not referring to ''parking strips". These strips do not
provide the "look and feel" of Los Gatos, an element that this project desperately
needs.
While I recognize that the Town is technically prohibited from requiring a developer
to provide additional "open space" beyond a certain percentage, I think we can agree
that the use of the term "Open Space" is intended to convey the sense of an open area
that stands apart from the proposed buildings and "hardscape", and is intended to
provide residents of the development, as well as members of the community, with a
place to meet and enjoy the surroundings, including views of the hillsides.
I don't believe the words ''Open Space" are truly applicable to a three-foot wide strip
separating the sidewalk from a parking area, and with that in mind, I'm asking that
the Town find a way to include a provision in the Specific Plan defining specific areas
throughout the site, in all three districts, where true Open Space will provide the
"Look and Feel of Los Gatos", an element that this development so desperately
needs.
PLEASE NOTE: Additional Open Space can easily be achieved by requiring
Underground Parking throughout the entire development.
------~~-------------·--~~--~----------~--------------~--------------------------------
6. ENHANCED HILLSIDE VIEWS:
Reducing the total number and mass of buildings, and then spreading the remaining
buildings throughout the entire_site will most certainly enhance hillside views.
Walking between a mass of buildings with an occasional view of the hillsides
through narrow corridors does not in any way "embrace hillside views".
Increasing the space between each of the buildings will allow this development to
fully "embrace hillside views", as called for in the current Specific Plan.
CONCLUSION: The Specific Plan must include a provision that requires, in no
uncertain terms, that future applications will provide adequate space between
buildings, and that buildings will be oriented in such a way that hillside views are
truly "embraced".
PLEASE NOTE: Additional space between buildings can easily be achieved by
requiring Underground Parking throughout the development.
---------------------------------------------------------------------------------------------------------------------
7. IMPROVED "LOOK AND FEEL":
Increasing the space between each of the buildings will allow for an enhanced "Look
and Feel" to this development.
Walking between a mass of buildings with an occasional view of the hillsides
through narrow corridors, does not in any way reflect the "Look and Feel" of Los
Gatos.
The Specific Plan must include a provision that requires, in no uncertain terms, that
future applications will provide adequate space between buildings, and that
buildings will be oriented in such a way that hillside views are truly "embraced".
CONCLUSION: Improving the "Look and Feel" of this development can be achieved
by requiring that there be appropriate space between all buildings.
PLEASE NOTE: Appropriate space between buildings can be achieved by requiring
Underground Parking throughout the development.
----------------------------------------------------------------~----------------------------------·---·-----------~-
8. WIDER, SAFER STREETS:
Wider streets are essential to a safe and secure environment and for residents of the
development, as well as members of our community. In addition, wider streets will
provide a much much more pleasurable experience for residents and visitors alike.
Wider streets will greatly improve access for emergency services, such as fire, EMT
and ambulance service. This is an extremely critical element, especially for Seniors,
when safe, sure, and adequate access for emergency vehicles may indeed mean the
difference between life and death.
PLEASE NOTE: A requirement for Underground Parking will provide the additional
space required for wider, and as a result, safer streets.
--------~~-----------------~----------------------------------------------------------~~----------------
9. CURVED, NOT STRAIGHT STREETS:
Streets that are straight and are perpendicular to one another have very little visual
appeal, especially in a development as large as this one. Curved streets, on the other
hand, will provide the development with an attractive and unique character, unlike
Santana Row, for example, which consists entirely of "straight streets".
Curved, rather than straight streets will most certainly improve the character and
visual appeal of the development, and will allow the development to create the
"Look and Feel of Los Gatos", as required in the current Specific Plan.
PLEASE NOTE: Underground parking will provide the space needed to create curved
rather than straight streets.
10. LESS DENSITY IN THE LARK DISTRICT:
Language in the Specific Plan relative to development in the Lark District, must be
reviewed and revised. The word 'I envisioned" is much too vague, and must be
replaced with the word ''n;quireq".
LARK DISTRICT: PROPOSED CHANGES TO PROVISION 2.3.1:
Provision 2.3.1:
"Located at the northeast corner of Los Gatos Boulevard and Lark Avenue, the Lark
District is in close proximity to existing residential neighborhoods. Lower intensity
residential and limited retail/office uses are envisioned for this area. In an effort to
satisfy the Town's unmet needs, development standards have been tailored to guide
the development of residential product types including multi-family, townhomes,
and ''.~ottage~uster/garden cluster" housing types."
PLEASE NOTE: The word ,,.envisip.ned" as used above, must be replaced with the
word upermitted".
Cottage cluster housing is generally characterized by detached cottages oriented onto
common greens and will be considered with a Conditional Use Permit. Garden
cluster housing is characterized by attached units clustered around a common green.
Envisioned land use categories include:
• Limited retail, personal services, and restaurants (primarily along Los Gatos
Boulevard).
• Office (along Los Gatos Boulevard).
• Open space (pocket parks, paseos, orchard trees, and planting strips).
• Residential -including condominium, cottage cluster/garden cluster housing,
rowhouses and townhomes.
PLEASE NOTE: The word ·"envision~d" as used above, must be replaced with the
word "permitted".
11. AFFORDABLE SENIOR AND MOVE-DOWN SENIOR HOUSING:
It's been clearly established over the past several months that the Town of Los Gatos
is in need of more Affordable and Move-Down Senior Housing.
To address this, additional provisions must be added to the current North 40 Specific
Plan. In addition, the CUP that is currently required for cottage clusters must be
removed to make it as easy as possible for a prospective developer to include this
element in their application. Cottage Clusters are an extremely desirable element,
especially for Senior Housing, and should be a requirement for all future
applications.
CONCLUSION: Senior Housing in general, and more specifically, Affordable and
Move-Down Senior Housing is dearly an Unmet Need in our Town, especially given
that Seniors are currently the fastest-growing segment of our community.
To address this Unmet Need, the cureent Specific Plan must be revised to include the
following elements:
1. All designated Senor Housing must be located on the ground floor, not on the third
or fourth floor above a store or a parking garage. It's not safe or practical.
2. Move-down Senior Housing for current Los Gatos residents is clearly an Ummet
Need, and to address this, there must be a provision added to the North 40 Specific
Plan that requires adequate and Affordable Senior and Move-Down Senior Housing
as a part of any development.
3. Removal of the existing CUP regarding Cottage Clusters, which will add a
"community-like" element to the development, which is exactly what we Seniors are
looking for.
Well, I think that's it for now, Joel.
Thank you again for all of your time and effort, and Ilook forward to talking with
you again soon.
Sincerely,
f?'UIU?IU~
Suggested Specific Plan Revisions
1. Districting and Housing -spread the 13.5 acres of 20 units to an acre throughout
the entire No. 40 and include a variety of housing types in. each district.
2. Open Space-redefine open and green space requirements. Increase the ratio
of green space to hardscape.
3. Unit Size -Reduce the square footage of units for more affordability to 900 to
1500 square feet.
4. Parking -provide more adequate parking by encouragjng underground parking
for residential and commercial to allow for more open space.
5. Commercial -Greatly reduce the size of allowed commercial square footage to
stay more in line with the square footage of downtown.
6. Traffic-mandate current traffic studies with each application, or annually if the
application and hearing process extends more than 12 months.
7. Affordable Housing-shall be met pursuant to Town Code and the Below Market
Price Housing Guidelines to meet the very low, low, and moderate housing
needs as indentffied in the 2015-23 Housing Element.
8. Sustainability -increase requirement to meet Gold LEEDS certification or higher.
9. Height -lncr~ase the percent of residential units limited to 25 feet in height.
10. Document -standardize the use of verbs designating what action is required by
this document.
Submitted on September 22, 2016 by:
Kenneth Arendt
Susan Buxton
Sandy Decker
Barbara Dodson
Angelia Doerner
Susie Kankel
Roy Moses
Lainey Richardson
Cindy Schneider
Shannon Susick
Rod Teague
Sam and Lucille Weidman
Joel Paulson
From:
Sent:
To:
Subject:
Joan Langholff <joanlangholff@yahoo.com>
Thursday, September 22, 2016 10:15 AM
Sally Zarnowitz; Joel Paulson
Amendments to the adopted North 40 Specific Plan
There needs to be a new EIR done and more consideration of how increased traffic will be addressed
with the proposed development:
-Take into consideration the current traffic situation:
It is much worse since the EIR was done a couple of years ago -there has been a big impact from the
Netflix development
-Take into consideration the future traffic impact of the huge samaritan Medical Development
-Because of the already backed up traffic on Lark Ave. & Los Gatos Blvd:
What provision is going to be made for emergency vehicles trying to get to Good Samaritan Hospital from
Lark & Los Gatos Blvd. ?
We have ambulance/fire/police emergency vehicles using these roads dozens of times per day (we hear
the sirens all the time -day & night).
How are you going to address life & death issues that may be impacted because emergency vehicles and
personnel are NOT able to get to the nearest ER?
Thank You,
Joan Langholff
1
Sally Zarnowitz
From:
Sent:
To:
Subject:
September 22, 2016 .
C.Mdntyre<cmcmcintyre@yahoo.com>
Thursday, September 22, 2016 9:14 AM
BSpector; Marice Sayoc; Marcia Jensen; Rob Rennie; Steven Leonardis; Laurel Prevetti;
Joel Paulson; Robert Schultz; Sally Zarnowitz
Support to Revise the North 40 Specific Plan
I extend a very appreciative and grateful thank you for the all important votes on September 6th which denied
the North 40 project.
It will thankfully not be developed as presented.
I support you all for moving forward to the next step, revising the North 40 Specific Plan.
I urge you to make the housing sQJ.aller in square footage, making it more affordable. Hoping this also
will include more senior
housing appropriately designed for accessibility and one level living, both for ownership and rental.
Spread housing throughout the entire 40 acres.
Please respect our downtown businesses by making the rules the same for new businesses in this area,
conditional use permit requirements .
Encourage space(s)/area(s) for convenient bus stops and or work/shuttle stop(s) for mass transit . Consider
seriously the mitigation of traffic, as it clearly already exists now throughout the day, even before any
construction and new development existS.
Please fine tune the No 40 Vision Statements & Guiding Principles to truly be clear to developers
applicatioris. We know what the statements and principles mean as citizens who love this beautiful to~ but
we have seen how they can be vastly misinterpreted.
Your job is a big one, but one that needs your attention and expertise. I look forward to the revisions and a
clear vision for development which will reflect an extension of Los Gatos character and not an over developed
massive eyesore.
Thank you for your dedication and hard work going forward.
Very Sincerely,
Carolyn Mcintyre
Cherrystone Drive
Los Gatos
1
Sally Zarnowitz
From:
Sent:
To:
Subject:
Dear Ms. Zarnowitz :
Joanne Walsh <walsh6@earthlink.net>
Wednesday, September 21, 2016 9:53 PM
Sally Zarnowitz
The North 400
First, I want to say how much 1 appreciate all the work that you the Mayor, and the rest of the Town Council are doing to
ensure that the development of the North 40 in Los Gatos best suits the needs of the Town and its residents. Thank you
for all the time you give to us.
Second, I want to register the concerns I have as to the development.
When the story poles went up, I rea II zed that much of the development was going to occur right next to Lark Avenue
and Los Gatos Boulevard, two of the busiest roads in town on our east side. I was immediately concerned about density
of traffic, especially with the importance of these two roads for traffic entering Hwy
17 and traffic, sometimes emergent, heading toward Good Samaritan Hospital. It just didn't make sense to center so
much housing and, as necessary, so much additional traffic in such a hot spot. So, traffic on Los Gatos Boulevard and
Lark Avenue remains a huge concern for me.
Third, we all know that the land needs to be developed, but many of us long-time residents hope that the development
will blend into the area already developed.
I hope that you'll consider requiring that housing be scattered over the entire acreage (thus, impacting Los Gatos Union
schools less and creating a more relaxed housing cluster). Any businesses can be centered in a particular area, but an
area more central and complementary to the housing. It would be great if the North 40 resembled the Manor or the
area near Ace Hardware, but even if the height of some development has to be greater, it would be wonderful if the
"feel" of the development was "neighborly" and induced walking and visiting.
Thank you for considering my observations. I love this Town, I fully support its activities, and I want to see .it retain its
small town atmosphere.
Sincerely, Joanne Walsh 16301 South Kennedy Road, Los Gatos
1
Joel Paulson
From:
Sent:
To:
Subject:
September 22, 2016
C. Mcintyre <cmcmcintyre@yahoo .com>
Thursday, September· 22, 2016 9:14 AM
BSpector; Marice Sayoc; Marcia Jensen; Rob Rennie; Steven Leonardis; Laurel Prevetti;
Joel Paulson; Robert Schultz; Sally Zarnowitz
Support to Revise the North 40 Specific Plan
I extend a very appreciative and gratefulth~ you for the all important votes on September 6th which denied
the North 40 project.
It will thankfully not be developed as presented.
I support you all for moving forward to the next step, revising the North 40 Specific Plan.
I urge you to make the housing smaller in square footage , making it more. ~ffordable. Hoping this also
will include more senior
housing appropriately designed for accessibility and one level · living, both for ownership and rental.
Spread housing throughout the entire 40 acres.
Please respect our downtown businesses by making the rules the same for new businesses in this area,
conditional use permit requ1rements . ··
Encourage space(s)/~ea(s) for convenient bus stops and or work/shuttle stop(s) for mass transit. Consider
seriously the mitigation of traffic, as it clearly already exists now throughout the day, even before any
construction and new d~velopment exists.
Please fine tune the No 40 Vision Statem~ts & Guiding Principles to truly be clear to developers
applications . We know what the statements and principles mean as citizens who love this beautiful town, but
we have seen how they can be vastly misinterpreted.
Your job is a big one, but one that needs your attention and expertise. I look forward to the revisions and a
clear vision for development which will reflect an extension of Los Gatos character and not an over developed
massive eyesore.
Thank you for your dedication and hard work going forward.
Very Sincerely,
Carolyn Mcintyre
Cherrystone Drive
Los Gatos
1
Joel Paulson
From:
Sent
To:
Cc:
Subject:
edrathmann@comcast.net
Thursday, September 22, 2016 6:53 AM
BSpector; Sayoc, Marico; Marcia Jensen; Steve Leonardis; Rob Rennie
Joel Paulson
North 40 / Sept 27 meeting
Town Council and Planning Department,
I believe that the Specific Plan should be amended in order to protect the retail already in the
Downtown and other parts of the Town. The Downtown of which I can speak with some authority is
facing many strong headwinds and does not need more competition from within Los Gatos: traffic,
parking, and Campbell come to mind quickly; There does not need to be any small retail in the North
40; a hotel and offices as well as housing could fill the area and thus people would be more likely to
come to other parts of Los Gatos for shopping and dining. But if there is going to be retail there, it
should conform to the follow parameters:
1) The small retail tJ:lere, shops under say 5000 sf, should serve the neighborhood which was the
original intention of the SP and the advisory committee. Thus it should match in size other
neighborhood centers in town and be limited to 50,000 sf.
2) The number of restaurants within the 50,000 sf should be very limited or the 50,000 sf will mostly
be leased to restaurants. Please visit the new Main St Center in Cupertino. It is an ugly collection of
big restaurants with almost no other retail.
3) Allow larger retail business like an REI or small Target to build there. These are clearly unmet
needs in the Town and will not compete with the Downtown.
4) Absolutely do not allow a Market Hall to be built there. It is a great idea that belongs Downtown or
very near the Downtown. A Market Hall is clearly a regional draw which the retail in the North 40 was
never intended to be. Please visit Ox Bo Market in Napa, The Ferry Building in SF, or the Shedd in
Healdsburg and tell me these places are not regional draws. They are packed with restaurants and
small retail.
5) The North 40 retail should be required to get CUP's in the same way and for the same reasons
they are required Downtown. The town is giving up too much control if they are not required
downtown and it makes for the North 40 to have a competitive advantage if they are not required.
Finally I encourage you to talk to downtown business people. The downtown economy Is not as
strong as it used to be and frankly it is very fragile. We are not getting the tourists like we used to
and I'm sure you have noticed the vacancies.
Thankyou, Ed Rathmann
1
Joel Paulson
From:
Sent:
To:
Subject:
Dear Mr. Paulson:
Joanne Walsh <walsh6@earthli nk.net>
Wednesday, September 21, 2016 9:51 PM
Joel Paulson
the North 400
First, I want to say how much I appreciate all the work that you the Mayor, and the rest ofthe Town Council are doing to
ensure that the development of the North 40 in Los Gatos best suits the needs of the Town and its residents. Thank you
for all the time you give to us.
Second, I want to register the concerns I have as to the development.
.When the story poles went up, I realized that much of the development was going to occur right next to Lark Avenue
and Los Gatos Boulevard, two of the busiest roads in town on our east side. I was immediately concerned about density
of traffic, especially with the importance of these two roads for traffic entering Hwy
17 and traffic, sometimes emergent, heading toward Good Samaritan Hospital. It just didn't make sense to center so
much housing and, as necessary, so much additional traffic in such a hot spot. So, traffic on Los Gatos Boulevard and
Lark Avenue remains a huge concern for me.
Third, we all know that the land needs to be developed, but many of us long-time residents hope that the development
will blend into the area already developed. -
I hope that you'll consider requiring that housing be scattered over the entire acreage (thus, impacting Los Gatos Union
schools less and creating a more relaxed housing cluster). Any businesses can be centered in a particular area, but an
area more central and complementary to the housing. It would be great if the North 40 resembled the Manor or the
area near Ace Hardware, but even if the height of some development has to be greater, it would be wonderful if the
"feel" of the development was "neighborly" and induced walking and visiting.
Thank you for considering my observations. I love this Town, r fully support its activities, and I want to see it retain its
small town atmosphere.
Sincerely, Joanne Walsh 16301 South Kennedy Road, Los Gatos
1
Joel Paulson
From:
Sent:
To:
Subject:
Rhodie Firth < rhodab52@aol.com>
Wednesday, September 21, 2016 9:39 PM
Joel Paulson
Thanks to the Los Gatos Town council
Thanks to all of you for working so hard to have the development of the North 40 be something that fits the character of
own wonderful town . I am hoping you will move forward with a revision of the Specific Plan for this project. Would it be
possible to greatly reduce the number of buildings and require more open space? It would be more fitting to our town's
character to reduce the amount of commercial development allowed.
Thanks again for all your hard work.
Rhodie Firth
Sent from my iPad
1
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September 21; 2016
Los Gatos Town Council
110 E. Main Street
Los Gatos, CA 95030
SUBJECT: SUGGESTED MODIFICATIONS TO THE SPECIFIC PLAN
Dear Mayor Spector, Vice Mayor Sayoc, and Council Members Jensen, Leonardis, and Rennie:
Thank you for this opportunity to offer suggestions for modifications to the Specific Plan. In general, I
would like to see the following:
• Residential spread out across all three districts. All housing types to be permitted in all three
districts.
• Smaller units to create greater affordability
• If a very low-income senior facility is included in the plan, have that facility placed in a location
that does not isolate the seniors. Have the facility provide a shuttle service so that seniors can
get necessary resources until such time as such resources are available within the development.
• Wider streets to allow parking on at least one side. Standards streets are 36 feet wide.
• Reduction in the amount of commercial so that it is no more than is available in the Downtown
area.
• Adherence to the Townis BMP policy in creating affordable housing.
• Definition of what will be covered by HOA dues and what will be maintained by the Town.
• Increased percentage ofstructures limited to a height of 25 ft. Maximum height of all structures
except a hotel to be 30 feet to allow more opportunities for unobstructed views and to allow for
structures to be more in keeping with the look and feel of the Town.
I offer the following suggestions for changes with the hope of achieving some of these goals.
Specific Plan Page
2-3
2-4
Suggested Modification (in boldface)
2.3.1 Lark District Located at the northeast corner of Los Gatos
Boulevard and lark Avenue, the lark District is in close proximity to
existing residential neighborhoods. Lower intensity residential and
limited retail/office uses are envisioned for this area. In an effort to
I satisfy the Townis unmet needs, development standards have been
tailored to guide the development of residential product types
including multi-family; townhomesi and ucottage cluster/garden
cluster" housing types. Cottage cluster housing is generally
characterized by detached cottages oriented onto common greens
and will be considered with a Conditional Use Permit. Garden cluster
housing is characterized by attached units clustered around a
common green. Housing in the Lark District shall occupy not more
than 5.5 of the total 13.5 acres set aside for residential use.
2.3.2 Transition District Located in the central portion of the Specific
Plan Area, the Transition District provides a transition and buffer
between the lower intensity, primarily residential, character of the
Lark District and the active retail and entertainment emphasis of the
Northern District. The Transition District will may accommodate a
range of uses including neighborhood-serving stores, specialty
market and mixed use housing with residential units above
commercial. A hotel or hospitality use could also be part of the land
use mix. Housing in the Transition District shall occupy not more
than 5.5 of the total 13.5 acres set aside for residential use.
iAttisieAell Possible land use categories include:
(add cottage cluster as a choice)
2-4 2.3.3 Northern District The Northern District is bordered on two sides
by State Route 17 and 85 (Highway 17 and 85) with Los Gatos
Boulevard located on the east side. This condition makes it best
suited for a day-to-evening entertainment area that offers shopping
and restaurants for nearby residents as well as employment centers.
The Northern District focuses on walkability, public spaces and
amenities. Housing in the Northern District shall occupy not more
than 5.5 of the total 13.5 acres set aside for residential use.
Envisioned land use categories include:
• Recreation/entertainment (live theater, health clubs)
•Hotel
• Market hall/specialty market
•Office
•Open space (plazas, courtyards, paseos, and planting strips)
• Residential (alaet.•e se111111eFsial) -including condominium,
live/work flats, multi-family flats, cottage clusters, multiplexes, and
rowhouses. Residential above commercial is permitted.
• Restaurants
• Retail
2-6 TABLE 2-1 PERMITIED LAND USES
Under Residential, for A. Cottage Cluster: Mark the chart so that
cottage clusters are allowable in all three districts.
For B. Townhomes/Garden Cluster: Mark the chart so that they are
allowable in the Northern District.
For C. Rowhomes: Mark the chart so that they are allowable in the
Northern District.
2-11 2.5.2 BUILDING HEIGHT
a. The maximum height of any building, excluding af:ferrlalale hewsiAg
aAd hotel uses, is 30 feet ...
ii. Lark District -At least 30% of the overall development provided
(building footprint) within the Lark District shall be structures of a
maximum of two-stories with a 25 foot maximum height. The
majority of this requirement may be provided within the Perimeter
Overlay Zone (refer to Section 2.5.7). Remaining residential units
shall not exceed a height of 30 feet in keeping with the Town's
policy for residential development. Every application for
Architecture and Site Review shall include a table that identifies the
12-12
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2-14
!
2-16
I 2-26
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following:
2.5-4 OPEN SPACE STANDARDS
a. Open space means a ground plane open and generally
unobstructed from the ground plane to the sky. Balconies, shade
structures, and roof caves may extend over a portion of the open
I space. Open space includes both "green open space" and
"hardscape" (plazas courty ds pathways s · d alks and ' ar , ' 1 ew ' pedestrian paseos). Plazas and courtyards, and plan~eFS O"leF
podium perking OF on ivef deeks also qualify as open space.
Planters over podium parking or on roof desk do not qualify
as open space.
c. The 30% open space requirement shall include a variety of green
and plaz.a spaces with a minimum of 20% being green space. Each
district shall fulfill the requirement for the 30% open space
requirement with 20% being green space.
i. Green Space/C':rreen Open Space: for purposes of this Specific Plan
and calculating open space requirements green space and green open
space is grass or landscaped areas. These can include but are not
limited to parks, bioretention, common aed pt'ir;<ate residnetial green
space, planters larger than 50 square feet, landscaped planting strips,
drivable turf-block, and parking lot landscaping. Trees planted in tree
wells shall not be calculated as part of the green space requirement.
Private residential ireen space shall not be counted as a
percentage of open space.
TABLE 2--4
SENIOR/AFFORDABLE HOUSING UNIT
SPACES REQUIRED 1 SPACE + .S GUEST
.\~te: Bileetel eo&:~ell'IRftlftily E»er. elllplllet &hall llPPRl'le llli!i 1a111iFM1e11• ~en tlHtt l!e
11PPlilllllll pMlllt9 fiftdings thatdtef!l'911\illt l)'llef!81'king dmaed "11'11f1911t1 .S epae111 pert&• ell
Sllfftl1111dill111eiehhorhoods will net he eepaYei¥ impaeted:
TANDEM PARKING:
a. No tandem parking is permitted. NeB &esiaemial t:Jse: ~ta
4 Q% eHlle reE}Wea ea site aea resieeBtial pftfkHtg ~· ee pl'9"JideEl
as Haidem parkiB:g •;r;idt BB 8~8Be9:Bt ~91l 8.:Ppl'9ve:l ey the Dileet9f af
GaunuH:Bffy De:;elepmem.
9. &esidemial Yse: &esiEleB:t:ial umts may use taBdem paFlEiftg.
~andem spaees shall be Elesigaated by amt sa a si:egle e•naeW.eeaBt
has eaB:1Fel ef all S13aees asseeiMeEi :widi theH= 'tmif;. A pFe:JisieB: ef
Sftl:l'flle stalls (ema stall te allew fer tSIB:f10fBI)' parkiB:g) Sftall ee
eeasideffd iB Elesige.
2.7.3 RESIDENTIAL UNITS
(new points)
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(f) All remaining residential shall vary in size to a maximum of 1,500 1
sq.ft.
(g) Any very low-Income senior residential facility shall be no more
than 30 ft. high and shall include a shuttle service until necessary
resources, such as a supermarket, hairdresser, pharmacy, and so
on, are available within the development.
6-13 TABLE
Garden Cluster square footage 900-1,500 sq. ft.
Townhomes, Rowhouses 900-1,500 sq. ft.
Condos/Multi-family 900-1,500 sq. ft.
Maximum Units allowed: 270
Note: Since affordable apartments and a density bonus cannot be
assumed, the chart needs to be replaced with a chart that gives a
total of 270 units, gives new unit ranges and percents of total
range, and gives new approximate total areas.
6-13 PRIVATE OPEN SPACE
Grass, landscaped area or hardscaped area (patio/balcony), that for
exclusive use of an Individual unit's residents and their guests. This space
can be either green space or hardscape. For purposes of this Specific Plan,
private open space Is NOT Included in the 30% Open Space requirement.
Thank you for your patience and hard work with this difficult issue.
Sincerely,
Barbara Dodson
Sally Zarnowitz
From:
Sent
To:
Cc
Subject:
Joel,
Karen Kurtz <kurtzk@comcast.net>
Sunday, September 18, 2016 4:51 PM
Joel Paulson
Sally Zarnowitz
specific plan
1 would like to see in the specific pian 5omething added to make sure that low rise housing, commercial/retail Is spread
throughout the entire N.40 area. Do not hide the hillside views that are so important to this area.
. -.
I also would like to see more housing for seniors which I feel is a very real need in this town. _N~t_ O!llY sh.~_µ_1.~. ~~_ere be
rentals fc)r seniors but there should be· iow cost ho.mes to purchase. I am p_rese~tly lo_o~i.ng tO _ITlOVe O.!:Jt Of the area. ~~
a home owner in Los Gatos for GO years; fwould°not quaiify for low income housing due to the equity in my home, yet I
cannot_ qualify to _purch~~~_al)Y:thing_ eJ~e inJbis_ tD.wn._ lceaUy _do not wanuo_r:ent for.tbe .. remainder of my life •. I do not--
see that as a wise economic move. I would also like a little yard where I could garden a little to keep active & have
some flowers or vegetables to tend to. Unless, by some miracle, I do not see that as possible in this town that I have
called home & loved for so many years. The increase in traffic may make it impossible for most seniors to navigate
around anyway._ More senior h"t>1.1si_ng··p1ea·se. --..
Thank you for your consideration to our suggestions.
1
Sally Zarnowitz
From:
Sent:
To:
Subject
jan pri nziva Iii <ja n p ri nziva lli@hotma i I.com>
Saturday, September 17, 2016 9:40 AM
Sally Zarnowitz
North 40
Please consider reducing the density at the North 40 by introducing more open space, possibly a
park.
Thank you-
J an Prinzivalli
101 Charter Oaks Circle
Los Gatos, CA
1